Habeas Corpus moved to release Subrata Roy; Ram Jethmalani mentions before CJI who lists it before JJ Radhakrishnan and Khehar

A Habeas Corpus petition was moved in the Supreme Court today seeking the release of Sahara Group Chief Subrata Roy. When the matter was mentioned by Senior Advocate Ram Jethmalani before the Chief Justice today morning, the senior lawyer was asked to come back in the afternoon..However, at around 1.15 pm a notice was put up outside court 1 listing the matter before the same Bench that has been hearing the contempt petition, the Bench of JJ KS Radhakrishnan and JS Khehar..In the petition, it has been contended that the order passed by the Supreme Court on March 4 detaining Roy and other Sahara directors in exercise of its powers under Article 142 of the Constitution is untenable in the light of the Supreme Court’s earlier decision in AR Antulay’s case. It has further been submitted that,.“Non payment of money by a person directed to pay the same cannot amount to contempt. Civil procedure Code separately deals with how to deal with it and such person at the best can only be sent to a civil prison and not a criminal prison earmarked for offenders under penal and criminal statutes…..No enquiry for contempt was conducted in the present case.Under the Contempt of Courts Act there are specific provisions that even Directors and officers can be proceeded against only if an undertaking has been given that has been violated. No such undertaking has been given in this case. Even for contempt, a person cannot be committed to prison until found to be in contempt. Even for that, there are two stages. First, a hearing to determine if a notice to answer to a contempt charge should be issued, second stage is to determine if contempt has actually taken place. Court has not followed the Contempt of Courts Act and Supreme Court rules that lay down procedure to be followed in contempt cases.”.When the matter was taken up by the Bench comprising Justices KS Radhakrishnan and JS Khehar at 2 pm, Jethmalani appearing for Roy submitted that in the light of the 7-judge Bench decision in AR Antulay’s case, the Supreme Court was obligated to rectify its order. He also stated that,.“It is a matter of deep embarrassment that I have to argue before 2 Supreme Court judges that your lordships’ order is wrong.”.Justice Khehar replied that they would decide whether it is embarrassing or not after going through the pleadings and posted the matter for 2 pm tomorrow..Roy has been in Tihar jail since March 4. A proposal by Sahara to refund the money had been rejected by the Supreme Court on March 7. The contempt matter, in which Roy was sent to jail, was to be heard on March 11 but had been adjourned indefinitely prompting a Habeas Corpus petition.